|
<br />2t
<br />m:x
<br />
<br />~
<br />"'"
<br />c:
<br />Q 5
<br />rn~~
<br />ncn
<br />~:c
<br />
<br />"'-.,'-1
<br />,--,1",
<br />;1:':) (~~"""
<br />f'" t:\-
<br />0<_,;(:--
<br />o ~\'
<br />-"T'
<br />o t\-.
<br />
<br />~r
<br />
<br />-0
<br />:3
<br />~
<br />N
<br />-C.
<br />W
<br />
<br />. ..
<br />
<br />I'
<br />
<br />
<br />,=:::)
<br />c::
<br />
<br />1--1.
<br />U1
<br />
<br />N
<br />S
<br />S
<br />-....j
<br />S
<br />CD
<br />-....j
<br />N
<br />m
<br />
<br />
<br />f?ft- &W. Ka..:th<1-
<br />WHEN RECORDED MAIL 'to:
<br />Five Points Bank f) 1:. A { I c () '/
<br />West Branch (Od-"''T';/
<br />2009 N. Diers Ave.
<br />Grand Island.NE 6SS0t:-
<br />
<br />r:-....:>>
<br />c...:;)
<br />~~
<br />~
<br />
<br />(') (JJ i
<br />c -l a
<br />c: :t,..
<br />:z -j N
<br />-j m G;-
<br />-< C>
<br />C:'
<br />c) '1 a -
<br />""l z: ::s
<br />:r. -.,) I
<br />PI
<br />>- Cl) C>
<br />r- ;~l
<br />r )",~ CD
<br /> ell
<br /> ;:><: -.,)
<br /> l> N
<br />........ '--"
<br />U'J en ~
<br />U'l
<br />
<br />if) . SO
<br />FOR RECORDER'S USE-ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated October 29, 2007, among ANTHONY J SEIM, A MARRIED MAN and
<br />
<br />JANNELLE M SEIM, F/K/A JANNELLE M WELLS, HIS WIFE ("Trustor"); Five Points Bank, whose address is
<br />
<br />West Branch, 2009 N. Diers Ave., Grand Island, NE 68803 (referred to below sometimes as "Lender" and
<br />
<br />sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE
<br />
<br />68802-1507 (referred to below as "Trustee").
<br />
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL
<br />
<br />County, State of Nebraska:
<br />
<br />Lot Two (2), in Block Eleven (11), Ashton Place, an Addition to the City of Grand Island, Hall County,
<br />
<br />Nebraska.
<br />
<br />The Real Property or its address is commonly known as 2409 W DIVISION ST, GRAND ISLAND, NE
<br />
<br />68803-5336. The Real Property tax identification number is 400011557.
<br />
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY. IS GIVEN TO SECURE (AI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />
<br />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />
|